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Home My WebLink AboutZBA Decision 2005-03 & 2005-16 SE PNC Loading Spaces r City of West University Place I A Neighborhood City ® Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") 23 .200 4 ' Docket No. 05-03/05-16 DECISION TO GRANT A SPECIAL EXCEPTION (PNC STATUS FOR LOADING SPACES) Address of building site: 6218 Auden; 3821, 3831, 3835 and 3836 Amherst; 3804 and 3810 Milton; and Lots 11, 13, 14 and 15, Block 15, D Collegeview Addition, Section 3, city of West University Place, Texas 77005 Legal description of the building site: (see attached list of legal descriptions) Applicant: Harry Craig, Trustee, West University Baptist Church f N Decision or Action Requested. Special exception to extend or reinstate prior non- conforming (PNC) status for loading spaces under Section 12-105. Notice, Hearing, Findings, Vote: r (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West University Place, Texas. (X) Hearing was held on : October 19, 2006 (X) Required determinations have been made by the ZBA as follows: (i) the proposed special exception will not cause any increase in on-street parking; (ii) the proposed special exception will not cause any substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with--the general purpose and intent of the Zoning Ordinance; (vi) a substantial investment was reasonably made in the PNC item, or in reliance upon it, and (vii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid unreasonable waste of any remaining value of the item with PNC status. (X) The vote was: _4_ for; _1_ opposed, to this decision. Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify the exact provision) Section 12 -105 of the Zoning Ordinance, is issued for the site identified above subject to the following: 3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org Page 2 (1) SCOPE OF SPECIAL EXCEPTION. This special exception extends PNC status (with respect to the loading spaces required by Section 10-104 of the Zoning Ordinance) for: (i) the existing buildings and the new gymnasium building (now under construction), as shown on Exhibit A, and (ii) their uses as shown on Exhibit A. If the use of any building or site is proposed to be changed, the applicant must apply for an appropriate amendment to this special exception. (2) CONDITIONS. This special exception is subject to the following conditions: (a) The applicant must retain the effective use of the existing curb cuts and driveways on the south side of Amherst (including the vacant lot at 3821 Amherst and the two small buildings at 3831 and 3835 Amherst) as loading areas; for so long as the applicant owns such properties. e " (b) The applicant must maintain the effective use of the existing curb cut and driveway off Milton Street at the northwest limits of the property behind the education building, as a loading area, and must obtain appropriate permission from City Council for such use within 12 months. 9 ' (3) NOT A GRANT OF RIGHT TO USE CITY PROPERTY. The ZBA does not grant any rights to use City property, but instead, such rights can only be obtained from the City Council. (4) ADMINISTRATIVE OFFICIAL; SUBMISSIONS TO BOARD. The administrative official is requested to keep the ZBA informed a about compliance with this decision. Should any conditions not be fulfilled, the administrative official is requested to take appropriate action and submit the matter to the ZBA for further review and action. Other Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 365TH DAY FOLLOWING THE EFFECTIVE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE THIRD ANNIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING Page 3 SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUILDINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONING ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (INCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH j FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1) the permittee/applicant may able to apply for a different interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the Zoning Ordinance; see Article 14, which indicates that such requests should be submitted to the Zoning & Planning Commission. ZONING BOARD OF ADJUSTMENT, F W TUN ERSIT CE, TEXAS By: re tng f r, oar of Adjustment STA EXAS COUNTY OF HARRIS This instrument was acknowledged before me on i all q v (date) by James Jordan (name) as Presiding Officer of the Zoning Board of Adjustment of the City of We Uni rsity Place, Texas. Page 4 SAM A CLACK &V cmev"on won may 10.2010 (SEAL) 0 My commission expires: , IQO Notary Public This instrument was filed in the Board's office on and, if a mailing list is attached, copies were mailed to the persons on the list NA Ofn By: Name: / Title: 1 ,1~%CLN l(lC~ ~CJ.9 After recordinz return to: Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone 713-662-5843) Legal Description of Land: TRACT 3: Lots One (1) and Three (3) through Six (6), in Block Eighteen (18) of COLLEGEVIEW ADDITION, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. TRACT 4: Lots Ten (10), through Fifteen (15), in Block Fifteen (15) of COLLEGE VIEW ADDITION, SECTION THREE (3) a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 572, Page 33 of the Deed Records of Harris County, Texas. TRACT 5: A parcel of land containing 1.4367 acres (62,582 square feet), more or less, being Lots 6, 7,8 and 9, College View Addition, Block Nineteen (19), as recorded in Volume 6, Page 44, Map Records, Harris County, Texas, and being Lot 9 and a portion of Lot 8, College View Third Addition Block Eighteen (18), as recorded in Volume 572, Page 33, Deed Records, Harris County, Texas, same being a portion of that certain tract conveyed from W.D. Haden et al, to West University Baptist Church, as also being a portion of that certain tract conveyed from W.D. Haden et al to George Lee et al, Trustees of University Baptist Church, as recorded in tract being situated in the A.C. Reynolds Survey, Abstract No. 61 in the City of West University Place, Harris County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made M a part hereof. t TRACT 6: Lot One (1) in Block Nineteen (19) of COLLEGEVIEW ADDITION, a subdivision in Harris County, j Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records i of Harris County, Texas. I tit the time of RECORDER'S on, this insstr ment was found to be inadequate for the best photographic reproduction because of illegibilityy, carbon or photo copy, discolored paper, etc. blockouts, additions and changes were present at the time the instrument was filed and recorded. r.a .s• O aj c> <rs,y C~ A y t,,J cn W 'I J KT k ill .P Y l La11~Bept~t)tdZ(Snptl~Q l tC1 ~ (VM1 U) - .5 AwEFtST Lot (vv u~ ~~4 ¢ , •l ~I". Let a "M ' IL x - LateMwN )Ec N I t O S-2 ~ I L, ~DIN =ES SIt;Wrr;¢~r; t,!~ uiuS~ ui r►EOESpie®IE►t CHR OR S .YSE aF RACE 6 NU AN IMF9RCSIB~p 9M Mk IAN. THTATE OF TEXAS COUNTY OF HARRIS IhN* lW16WA md=FLEOM~nmlr mM9:9d =egmxBWwMy ,i.YOfddMfo=dAM im Hne OCT 2 3 2006 couNT cum HARRIS COWW,, TEXAS